The Wyoming Supreme Court in Century Surety Co. v. Jim Hipner, LLC, 377 P.3d 784 (Wyo. 2016) adopted the notice-prejudice rule. The court also found that any policy exclusion that attempted to displace the notice-prejudice rule was...

When two or more uninsured motorist policies apply, a question arises as to whether those policies should pro-rate with each other, or one of the policies should be designated as primary, with the other as excess. This issue was addressed by the Kentucky Supreme...

Recently, the Montana Supreme Court, in a split decision, found that the trial court must utilize an objective standard in considering the value of the claim and the insured’s loss of coverage when it determines the reasonableness of a stipulated settlement entered...

New York has adopted a pro-rata allocation methodology for continuous and progressive losses where coverage for all triggered policies is determined on a time-on-the-risk basis. Recently, the New York Court of Appeals in Keyspan Gas East Corp. v. Munich Reinsurance...

Louisiana has recognized a pro rata allocation method for determining indemnification in long latency exposures. However, the Louisiana courts have not resolved the issue of whether defense costs should also be allocated in those type of cases. The Louisiana Supreme...